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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Suzy Phillips Originals, Inc. v. Coville, Inc.

This case involves a dispute over defective fabric supplied by defendant Coville, Inc., a textile converter, to plaintiff Suzy Phillips Originals, Inc., a garment manufacturer. Suzy Phillips filed claims for breach of contract, negligence, and misrepresentation. Coville moved for summary judgment to dismiss these claims. The Court granted summary judgment for Coville on the breach of contract claim for lost profits (Second Cause of Action) and the misrepresentation claim (Fourth Cause of Action). Suzy Phillips voluntarily withdrew its negligence claim (Third Cause of Action). The Court denied Coville's motion to remand the case to state court, exercising supplemental jurisdiction over the remaining First Cause of Action for breach of contract, which seeks damages for the cost of goods sold. The Court also denied motions for sanctions and attorneys' fees.

Contract DisputeSummary JudgmentNegligenceMisrepresentationBreach of ContractUniform Commercial CodeSale of GoodsTextile IndustryDamage LimitationLost Profits
References
37
Case No. MISSING
Regular Panel Decision

E.S. Originals Inc. v. Totes Isotoner Corp.

This is a diversity action concerning breach of contract, breach of implied covenant of good faith and fair dealing, and indemnification between E.S. Originals Inc. (ESO) and Totes Isotoner Corp. (Totes). ESO alleges Totes failed to provide access to financial records to verify earn-out payments as stipulated in an Asset Purchase Agreement, preventing ESO from fully disputing Totes's Net Sales Statement. Totes moved to dismiss for lack of subject matter jurisdiction, to compel arbitration, and alternatively, to dismiss for failure to state a claim. The court denied Totes's motion to dismiss for lack of subject matter jurisdiction, finding factual disputes inappropriate for dismissal. Crucially, the court granted Totes's motion to compel arbitration, determining that ESO's claims, which primarily concern accounting issues and earn-out payment calculations, fall within the narrow arbitration clause of the Agreement, requiring resolution by an Independent Accounting Firm. Consequently, Totes's motion to dismiss for failure to state a claim was denied as moot.

ArbitrationContract DisputeEarn-out PaymentsAsset Purchase AgreementSubject Matter JurisdictionRule 12(b)(6)Federal Arbitration ActAccounting IssuesBreach of ContractGood Faith and Fair Dealing
References
30
Case No. MISSING
Regular Panel Decision

Ergowerx International, LLC v. Maxell Corp. of America

The Court previously dismissed federal claims filed by plaintiff Ergowerx International, LLC (Smartfish) against defendant Maxell Corporation of America (Maxell). The remaining claim was for breach of contract. The Court first addressed whether it had original diversity jurisdiction. Maxell argued that complete diversity was lacking, while Smartfish incorrectly asserted that alienage jurisdiction under 28 U.S.C. § 1332(a)(2) did not require complete diversity. The Court clarified that alienage jurisdiction is a form of diversity jurisdiction and requires complete diversity. Since Smartfish, as an LLC, takes the citizenship of its members (including New Jersey), and Maxell is a citizen of New Jersey, complete diversity was absent, and thus the Court lacked original jurisdiction. The Court then declined to exercise supplemental jurisdiction over the state-law breach-of-contract claim, citing the early stage of the litigation, the dismissal of all federal claims, and the values of judicial economy, convenience, fairness, and comity. The breach-of-contract claim was dismissed without prejudice, allowing Smartfish to pursue it in state court.

Diversity JurisdictionAlienage JurisdictionSupplemental JurisdictionBreach of ContractFederal Claims DismissedState Law ClaimsComplete DiversityLimited Liability Company CitizenshipJudicial EconomyDiscretionary Jurisdiction
References
19
Case No. MISSING
Regular Panel Decision

Gad-Tadros v. Bessemer Venture Partners

Nancy Gad-Tadros sued Bessemer Venture Partners, Deer Management Co., LLC, Corrine Pankovcin, J. Edmund Colloton, and Robert H. Buescher, alleging employment discrimination and retaliation based on her Coptic Christian religion, Egyptian/Arab national origin, and race. She claimed continuous harsh treatment, belittling remarks, denial of promotions and training opportunities, and constructive discharge. Defendants filed a motion to dismiss the amended complaint for failure to state a claim and lack of personal jurisdiction. The court granted dismissal only for the plaintiff's national origin discrimination claim under Section 1981, as Section 1981 does not prohibit discrimination based on national origin. All other claims, including those under Title VII and New York's Human Rights Law, and the motion to dismiss for lack of personal jurisdiction, were denied.

Employment DiscriminationRetaliationTitle VIISection 1981New York Human Rights LawConstructive DischargeRace DiscriminationReligious DiscriminationNational Origin DiscriminationMotion to Dismiss
References
26
Case No. MISSING
Regular Panel Decision

Kon-Tempo Furniture, Inc. v. Kessler

Plaintiff Kon-Tempo Furniture, Inc. initiated a state court action against Upholsterers & Spring Makers Union, Local 76, and its officers, alleging unlawful picketing and coercion to recognize Local 76 despite an existing collective bargaining agreement with Local 1327. The defendants removed the case to federal District Court, claiming a federal question under the Labor Management Relations Act of 1947 (Taft-Hartley Law), specifically Section 303(a) concerning secondary boycotts, to seek damages. Kon-Tempo moved to remand, arguing the federal court lacked original jurisdiction. The District Court determined that the complaint's allegations did not sufficiently describe a secondary boycott under Section 303(a) and that jurisdiction for unfair labor practices, as potentially implied by the complaint, rested solely with the National Labor Relations Board, not the District Court. Therefore, finding no original federal jurisdiction, the court granted the plaintiff's petition to remand the action to the state court.

Labor DisputeRemoval JurisdictionRemand MotionTaft-Hartley ActLabor Management Relations ActSecondary BoycottUnfair Labor PracticeNational Labor Relations BoardFederal Question JurisdictionPicketing
References
7
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. LAO 850708
Regular
Jul 17, 2007

MARIA TOLENTO vs. FOUR SEASONS FINE FOODS/GEVITY/M&M FOODS, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed over 25 days after the original Findings and Award. Furthermore, the Board's jurisdiction to grant reconsideration on its own motion had expired as it was over 60 days since the original decision. Consequently, the petition was dismissed as untimely and outside the Board's jurisdiction.

Petition for reconsiderationFindings and Awarduntimely petitionLabor Code section 5900Labor Code section 5903jurisdictionAppeals Board Rule 10507Scott v. Workers' Comp. Appeals Bd.Rymer v. Hagleradministrative law judge
References
2
Case No. ADJ10184700
Regular
Nov 29, 2017

JONATHAN PARKER vs. INDY FUEL HOCKEY, GREAT DIVIDE INSURANCE COMPANY

This case involves a defendant insurance company seeking reconsideration of a WCAB decision finding jurisdiction over a professional hockey player's injury claim. The defendant argued the WCAB lacked personal jurisdiction, but the Board denied reconsideration. The defendant waived its objection to personal jurisdiction by failing to timely raise it and instead engaging in discovery and litigating subject matter jurisdiction. Subsequent actions, such as filing a Declaration of Readiness to Proceed and participating in hearings without specifying a special appearance for personal jurisdiction, constituted a general appearance. Therefore, the WCJ's original decision finding jurisdiction was affirmed.

Workers Compensation Appeals BoardIndy Fuel HockeyGreat Divide Insurance CompanyADJ10184700Petition for ReconsiderationPersonal JurisdictionSubject Matter JurisdictionLabor Code 3600.5(a)Labor Code 5301Labor Code 5305
References
0
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Jul 02, 2008

LMK Psychological Service, P.C. v. American Transit Insurance

The plaintiffs, as assignees of no-fault benefits, sought to recover for health services rendered to beneficiaries of the defendant’s no-fault insurance contracts. The Supreme Court initially denied the plaintiffs' motion for summary judgment and granted the defendant's cross-motion to dismiss several causes of action, citing Workers' Compensation Law § 11 because the injuries occurred during employment. Upon reargument, the court adhered to its original decision. The appellate court modified this determination, vacating the dismissal of those causes of action. The matter was remitted to the Supreme Court, Westchester County, for a new determination after the Workers’ Compensation Board makes a finding on the parties’ rights under the Workers’ Compensation Law, emphasizing the Board's primary jurisdiction over such factual issues.

Workers' CompensationNo-Fault InsuranceMedical PaymentsSummary JudgmentPrimary JurisdictionAppellate ReviewRemittalInsurance LawAutomobile AccidentJurisdictional Dispute
References
7
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